Terms Of Service

Terms of Service

When do these Terms of Service apply?

Scope and Application. These Terms of Service (“Terms”) apply to your use of: our AI coach, Chad (either on WhatsApp or on Telegram), our computer application (app.chadcoach.com), and any associated software applications and websites (“Services”). You form a contract with us when you confirm that you accept these Terms or when you otherwise use the Services. Personal Data Processing. Chad cares about your privacy. Our Privacy Policy explains how we process your personal data, including the types of information we receive and collect from you, how we use and share this information, and your rights in relation to your personal data processing.

Who Are We?

Chad, our, we, or us in this privacy policy refers to:

XY Health LLC, a Texas company, which provides you the Services if you’re not a resident of the EEA. We are responsible for the collection and use of your personal data in the manner explained in this privacy policy. If you have any questions regarding these Terms, dont hesitate to get in touch with us by e-mail at support@chadcoach.com.

Registration and Access

Minimum Age Requirement. You must be at least 14 years old or the minimum age required in your country to consent to use the Services. If you are below the age of 18, you must obtain permission from your parent or legal guardian to use the Services, and they must review these Terms together with you. Registration. You must provide accurate and complete information to register for an account to use our Services. You must have an active WhatsApp or Telegram account linked to your phone number to register for our AI coach service. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

Payment and Taxes

Chad Premium. Chad Premium is a subscription membership that unlocks exclusive features and an unlimited number of interactions with our AI coach. Without Chad Premium, your free interactions with our AI coach are limited to three (3) per day. Pricing. The pricing for Chad Premium is indicated on our webpage - www.chadcoach.com, and can be communicated to you via our Chad. Price changes are effective immediately for all price decreases or changes made for legal reasons. All other price changes will be effective 14 days after users are informed about them and given the option to cancel their subscription. Payment. By purchasing Chad Premium, you agree that you are authorizing recurring monthly or yearly payments, which will be made to Chad using the payment method you selected until the subscription is canceled by you or us. We use third-party payment processors (Stripe) to securely facilitate purchases of Chad Premium. If your payment method is declined, you must provide new payment information or your Chad Premium subscription will be canceled. If you provide new payment information and are successfully charged, your new subscription period will be based on the original renewal date and not the date of the successful charge. Taxes. All fees are inclusive of taxes, which we charge automatically through our third-party payment processor as required by applicable law in connection with the Services.

Availability and Termination

Availability Of Our Services. We are always trying to improve our Services. That means we may expand, add, or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time after a notice period of 15 days, with no such notice being required in urgent situations such as responding to legal requirements or addressing security and operability issues. Events beyond our control may affect our Services, such as events in nature and other force majeure events. Cancelling a Subscription. You can end your relationship with us and cancel Chad Premium at any time simply by texting “cancel subscription” to Chad and following the instructions. Refunds and Effective Cancellation. Your subscription will remain active from the time you cancel until the end of your current billing period, and you will not receive a refund or credit for any remaining days in your current billing period. At the end of your subscription you will lose access to all features associated with Chad Premium. Termination by Chad. We can decide to stop offering subscriptions at any time, including in response to unforeseen circumstances beyond our control, or to comply with a legal requirement. In this case, we will cancel your subscription and refund the prepaid subscription fee equal to the remaining unused term of the subscription.

Third-Party Services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other services. Please note that these Terms and our Privacy Policy apply only to the use of our Services. When you use third-party services, their own terms and privacy policies will govern your use of those services. The third-party services you may interact with via our Services include: WhatsApp (Meta) - see Terms of Service and Privacy Policy; Telegram - see Terms of Service and Privacy Policy; YouTube (Google) - see Terms of Service and Privacy Policy; OpenAI - see OpenAI API Business Terms.

IP rights and Licenses

Your Rights. Chad does not claim ownership of the information that you submit through our Services. You must have the necessary rights to such information that you submit through our Services and the right to grant the rights and licenses in our Terms. Our Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, or other intellectual property rights unless you have our express permission. Your License To Us. In order to operate and provide our Services, you grant Chad a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including any images and videos) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (e.g., to receive and answer your messages, store and display submitted meal and workout logs). Our License To You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Disclaimer

We are providing our Services on an as is basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our Services will be operational, error-free, secure, or safe, or that our Services will function without disruptions, delays, or imperfections.

Liability

Provided that we have acted with professional diligence, we do not take responsibility for loss or damage caused by us, unless it is (1) caused by our breach of these Terms or (2) reasonably foreseeable at the time of entering into these Terms. We do not take responsibility for loss or damage caused by events beyond our reasonable control. We do not exclude or limit our liability to you in any way where it would be unlawful for us to do so. You still have the full protections of the laws applicable to you.

Dispute Resolution

Disputes. If we have a dispute, we would first like to address your concerns before any formal legal action. If you are dissatisfied with our services or have any other complaints, please don’t hesitate to contact us by e-mail at support@chadcoach.com. Jurisdiction. If you are a consumer and habitually reside in a country or territory within the EEA, the laws of your country or territory will apply to any Claim you have against us that arises out of or relates to these Terms. You may resolve your Claim in any competent court in your country or territory that has jurisdiction over the Claim. In all other cases, you agree that the Claim must be resolved in a competent court in Switzerland that has jurisdiction over the Claim and that the laws of Switzerland will govern these Terms and any Claim, without regard to conflict of law provisions.

General Terms

Assignment. You may not assign or transfer any rights or obligations under these Terms. We may assign or transfer our rights or obligations under these Terms to any affiliate or subsidiary or any successor in interest of any business associated with our Services. If we do, any rights you have as a consumer will not be affected. Changes to These Terms or Our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to: Changes to the law or regulatory requirements. Security or safety reasons. Circumstances beyond our reasonable control. Changes we make in the usual course of developing our Services. To adapt to new technologies. We will give you at least 30 days advance notice of changes that materially adversely impact you and the date that they will come into force either via email or an in-product notification. Any changes will only apply to our relationship going forward. If you do not agree to the changes, you must stop using our Services. Last edited on 31 January 2024.